A Galveston County woman is suing a loan service company, alleging a series of violations in a loan payment collection dispute.
Hope Cook filed a lawsuit July 16 in Galveston County District Court against Ocwen Loan Servicing, alleging breach of settlement agreement, violations of the Texas Fair Debt Collection Act and the Texas Deceptive Trade Practices Act, fraud and negligent misrepresentation.
The complaint states the two parties were previously engaged in litigation surrounding the Ocwen's illegal collection activities, improper foreclosures and other issues, which was resolved Jan. 21, 2014, with a mediated settlement agreement. As part of the agreement, a modification was structured into the loan with new payments to begin April 1, 2014, the suit says, and Cook made and has continued to make all payments per the agreement.
On June 30, 2014, the lawsuit states, Cook received a notice of default from Ocwen, stating the escrow payments had increased and therefore Cook was in default.
The suit alleges Ocwen never notified Cook of the escrow increase, and Ocwen could not verify, validate or explain the increase, but it has since accelerated collections and attempted to foreclose, despite Cook timely making all payments. The complaint says Ocwen breached the agreement by demanding more money than it was entitled to per the agreement's terms.
Cook seeks actual damages, interests, attorney fees and court costs. She is represented by attorneys John V. Mastriani and Christopher M. Thornhill of The Mastriani Law Firm in Houston.
Galveston County District Court case number 15-cv-0739.